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17Control of unreasonable exemptions in consumer or standard form contracts

(1)Any term of a contract which is a consumer contract or a standard form contract shall have no effect for the purpose of enabling a party to the contract—

(a)who is in breach of a contractual obligation, to exclude or restrict any liability of his to the consumer or customer in respect of the breach ;

(b)in respect of a contractual obligation, to render no performance, or to render a performance substantially different from that which the consumer or customer reasonably expected from the contract;

if it was not fair and reasonable to incorporate the term in the contract.

(2)In this section " customer " means a party to a standard form contract who deals on the basis of written standard terms of business of the other party to the contract who himself deals in the course of a business.

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